Carmichael v. Foster
Supreme Court of Georgia
Equity. Lis Pendens. Trusts. Administrators and Executors. Before Judge Lawson. Greene Superior Court. March Term, 1882. Various judgment creditors of James H. Willis were proceeding to enforce their claims against certain land held by him, known as part of the “ Dover place,” and F. C. Foster, trustee, claimed the right to enforce a decree held by him against Willis et al., on the land.
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Equity. Lis Pendens. Trusts. Administrators and Executors. Before Judge Lawson. Greene Superior Court. March Term, 1882. Various judgment creditors of James H. Willis were proceeding to enforce their claims against certain land held by him, known as part of the “ Dover place,” and F. C. Foster, trustee, claimed the right to enforce a decree held by him against Willis et al., on the land. By agreement, the land was sold and the contest was transferred to the fund, which was distributed under a money rule. The original claimartts of the fund were Carmichael, Storey & Brother, Cozart & Hogue,…
1Opinion of the Court
SPEER, Justice.
This was a rule to distribute money brought in Greene superior court, arising from the sale of certain lands by the sheriff of said county.
Certain fi. fas. in favor of creditors of Jas. H. Willis were levied on land, sold as property of J. H. Willis, and a fi. fa. in favor of F. C. P'oster, as trustee, was likewise levied on same land as a part of the assets of the estate of R. J. Willis, deceased. By agreement the land was sold under these levies and the proceeds brought into court, and it was agreed the liens of the several fi. fas. should be transferred from the land and…
2Cases cited3 opinions
- Murray v. BallouNew York Court of Chancery · 1815
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- Ozmore v. Hood & KiddooSupreme Court of Georgia · 1874
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